WHILE YOU WERE WORKING: A Senate panel released a damning Benghazi report that suggests the whole incident could have been avoided. … The House passed its government funding bill. … More retirement announcements popped up. … And POLITICO took a deep dive into dope.

SENATE PANEL: BENGHAZI ATTACK WAS PREVENTABLE. The Senate Intelligence Committee released a report on its investigation into the Benghazi consulate attack, pointing the finger at both the State Department and intelligence agencies for the “preventable,” deadly incident. Here’s Adam Goldman and Anne Gearan for the Washington Post: “It says the State Department failed to increase security at its diplomatic mission despite warnings and faults intelligence agencies for not sharing information about the existence of the CIA outpost with the U.S. military.”

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“The committee determined that the U.S. military command in Africa didn’t know about the CIA annex and that the Pentagon didn’t have the resources in place to defend the diplomatic compound in an emergency. … The report also notes, chillingly, that the FBI’s investigation into the attacks has been hampered inside Libya, and that 15 people 'supporting the investigation or otherwise helpful to the United States' have since been killed in Benghazi. The report says it is unclear whether those killings were related to the investigation.” http://wapo.st/L4VJrE

NO MORE MR. SHUTDOWN. David Rogers with the news: “The House approved and sent to the Senate a landmark $1.1 trillion spending bill that fills in the blanks of December’s budget agreement and sets a new template for appropriations for the remainder of President Barack Obama’s second term. Adopted 359-67, the giant measure touches every corner of government. And more than any single document to date, it defines the new budget reality that faces the president and his activist agenda.” http://politi.co/1b47ogS

Next up: The Senate must clear the legislation by Saturday thanks to a three-day stopgap resolution passed Wednesday.

HOT TICKET: STATES LIGHT UP POT’S FUTURE. POLITICO on Wednesday published duo stories about the future of getting stoned in this this country — with Uncle Sam’s blessing. As you’ve probably already noticed, the states have been the lead advocates in the movement to legalize weed, but how long will the nation’s high on marijuana legalization actually last?

1.) STATES MOVE FORWARD. Darren Samuelsohn and Byron Tau: “Democrats open to the pot experiment and libertarian-leaning Republicans are flying the states’ rights banner as Colorado and Washington state implement their groundbreaking new marijuana legalization laws. Marijuana remains a touchy social subject, loaded up with decades of baggage, from Woodstock to Nancy Reagan’s ‘Just Say No’ campaign. Still, the willingness of so many members to stay clear of the fight is a powerful reminder why marijuana activists are having so much success in taking their case directly to voters in weed-friendly states.

“Marijuana activists are getting the hint. They’re planning pot legalization ballot measures in Alaska and Oregon in 2014, with several more likely to follow in 2016. Dozens of state legislatures and city councils are considering decriminalization or legalization bills. New York Democratic Gov. Andrew Cuomo on Jan. 8 announced a pilot program for medical marijuana in his state.” http://politi.co/1cqxMkL

2.)BUZZKILL: THE END OF LEGAL WEED? A POLITICO Magazine piece by Reid Cherlin: “If marijuana, long illegal under federal law, is permitted by a state, smoking pot in that state — or buying it, or selling it — is both legal and illegal at once. And although the Justice Department and its law-enforcement authorities have allowed state laws to take effect this month as planned, there is every reason to believe the truce to be tenuous. … President Obama himself, the first president to admit openly that he both smoked and inhaled marijuana, told Barbara Walters late last year that he’s 'got bigger fish to fry' than going after users in states where pot is legal. … [But] while legalization has of late been a battle waged state by state, the near-term future of pot in America could well be decided by the 2016 presidential election — and the new chief executive’s choice of an attorney general.” http://politi.co/1hrOXYs

DRIVING THURSDAY: President Barack Obama and Michelle will host several events centered on expanding college opportunities, at the White House.

COLLEGES SET GRIPES ASIDE TO MEET OBAMA. By Libby Nelson on Pro Ed with this preview: “More than 100 college presidents will gather at the White House on Thursday to talk about working together to help low-income students earn a degree. Plenty of tension will be lurking behind the show of unity. …Obama’s focus has … shifted to ensuring the government gets value for its money — and colleges are chafing under what they see as an increasingly heavy-handed regulatory regime. A proposal to rate colleges on quality and value, much as Consumer Reports rates mattresses, has higher education in all but open revolt. …

“The controversy has disrupted what might seem a natural alliance. Obama is a former law professor who has put higher education at the center of his domestic agenda. And the left-leaning ivory tower isn’t a stereotype: College presidents overwhelmingly vote Democratic. Still, few expect to discuss the centerpiece of Obama’s higher education agenda Thursday. … College presidents are required to propose a specific plan to help low-income students, meaning the event will bring a cascade of promises to help students apply to college and succeed once they’re in.” http://politico.pro/1d7NSjj

— Mass exodus or business as usual? The Fix says it’s nothing new: “The total number of retirements and resignations (19) is about the same as it was at this point in 2012 (21).” http://wapo.st/1d7Dbx9

SCOTUS NOT IMPRESSED W/ ABORTION CLINIC 'BUFFER ZONE.' Who exactly? Justices Anthony Kennedy and even Elena Kagan, plus the usual conservatives on the high court. Jennifer Haberkorn and Josh Gerstein report: “The Supreme Court on Wednesday showed significant skepticism about a Massachusetts law that restricts speech around abortion facilities, with justices suggesting that it could violate the First Amendment. Massachusetts, joined by the Obama administration during oral arguments, defended a state law that prohibits speech within 35 feet of an abortion facility entrance except for passersby and employees or other agents of the clinic or health care facility.”

“Opponents of the law, including a woman who regularly tries to conduct ‘sidewalk counseling’ outside of a Boston clinic and who brought this case, say the exemption for employees creates an unconstitutional imbalance in speech. The woman, Eleanor McCullen, said her anti-abortion speech is limited while the speech of those who support the clinic is not.” http://politi.co/1iWJzgl

GHOST OF AKIN RETURNED? Big problems for Republicans who think Virginia state Sen. Richard H. "Dick" Black should replace retiring Rep. Frank Wolf (R). Mother Jones on Wednesday reported comments he made about spousal rape in 2005 — a flashback to Todd Akin. He said he “did not know how on earth you could validly get a conviction of a husband-wife rape, when they're living together, sleeping in the same bed, she's in a nightie, and so forth, there's no injury, there's no separation or anything.”

COMING THIS WEEK: We're unveiling Energy Regulation Watch, an exclusive product that will offer Pro subscribers a detailed look at the regulations that affect your world. From the earliest agency notices to the final court rulings, our Tracker will give you an at-a-glance overview of the important regs, with handy links, and our newsletter, published every other week, will keep you up to date on the latest action.

ON PRO TODAY —

COURT LETS ACA TAX CREDITS STAND. Tax credits that help poorer Americans pay their health premiums have stood up to legal scrutiny thus far, as a District of Columbia federal judge rejected a lawsuit Wednesday that challenged the tax benefits. Jason Millman on Pro Health called it “one of the most significant remaining legal fights over President Barack Obama’s health care law. … Had the court accepted [the case], the ACA could have been dealt a major blow. With just 14 states and D.C. running their own exchanges, the result could have blocked most of the country from getting federal help to purchase insurance on the new exchanges.” http://politico.pro/1d5G3hs

WITH MCKEON OUT, THORNBERRY IN. Austin Wright for Pro Defense: “Rep. Buck McKeon’s decision not to seek a 12th term opens the door for his hand-picked candidate, Rep. Mac Thornberry, to succeed him as chairman of the powerful House Armed Services Committee.

APPLE TO REFUND MILLIONS. The FTC and Apple on Wednesday settled over allegations that tech company let kids under 13 purchase mobile apps without parental consent. Apple will have to “refund customers at least $32.5 million and modify its billing practices,” Erin Mershon reports for Pro Tech: “If a consumer downloads an app using a password, the App Store allows purchases for 15 minutes without re-requiring that password. That window allowed kids under 13 to sometimes rack up charges of hundreds and even thousands of dollars without their parents’ knowledge, according to the FTC.” http://politico.pro/1cpAMhm

ON TAP THURSDAY: While Obama is focusing on education policy for the day, Vice President Joe Biden at 9 a.m. will dish out praise to the American auto industry at the North American International Auto Show in Detroit. … Treasury Secretary Jack Lew at 8:30 a.m. addresses the Council on Foreign Relations on the U.S. economy, financial reform and Treasury’s international agenda. …

On the Hill, at 9:15 a.m., EPA Administrator Gina McCarthy testifies at a Senate Environment and Public Works Committee on Obama’s climate action plan. … And centrist Democratic group Third Way is bringing in former U.S. Sen. Blanche Lincoln (D-Ark.) to discuss policymaking through regulations with a former FERC chairman, former SEC commissioner, and former CFTC chairman.

About The Author

Rachael Bade covers House leadership for POLITICO. In addition to her congressional correspondence, Bade has also followed and written in depth on the various investigations surrounding Hillary Clinton, including the FBI’s probe of her emails set-up as well as the House Benghazi Committee’s work.

She joined POLITICO in September 2012 as a tax reporter, covering the IRS tea party targeting scandal and Hill efforts to reform the tax code before moving to the Congress team in early 2015. Prior to POLITICO, she covered congressional committees for CQ, wrote Hill features for Roll Call and contributed to The Washington Diplomat.

Bade is a Dayton, Ohio-native and UD Flyer. She freelance dances for several contemporary ballet companies when time permits, drinks copious amounts of coffee, and enjoys Bikram, hiking and camping.